The Town Board of the Town of Grand Island finds
that the reduction of the amount of solid waste and the conservation
of recyclable materials are important public concerns. The separation
and collection of recyclable materials and other materials from residential,
commercial and institutional establishments and rental complexes in
the Town will reduce the total amount of solid waste presently generated
in the Town, will reduce the need for landfills and will conserve
the capacity of existing landfills.
For purposes of this chapter, the following
terms, phrases and words shall have the following meanings:
BULKIES/WHITE GOODS
Large items such as sofas, upholstered chairs, mattresses
and box springs; all major appliances such as refrigerators, stoves,
dishwashers, washers, dryers, etc.
COMMERCIAL OPERATIONS
Include but are not limited to retail and wholesale establishments,
offices, garages, gas stations, manufacturing, industrial and repair
establishments, banks, motels, stores, restaurants and other similar
and related facilities.
CONSTRUCTION AND DEMOLITION DEBRIS
Waste material from building, repair and/or removal of homes,
office buildings, industrial plants and schools, including but not
limited to wood scraps, metal, concrete, block, wires and industrial
packaging material.
INSTITUTIONS
Include but are not limited to schools, nursing homes and
retirement homes, health facilities, governmental facilities, libraries,
firehalls, group homes, etc.
MUNICIPAL SOLID WASTE (MSW)
All putrescible and nonputrescible materials that have been
discarded or rejected, including but not limited to garbage, refuse
and rubbish. "MSW" does not include dead animals, fecal matter, explosives,
infectious wastes, flammable liquids, pesticides, oils, solvents or
material treated separately as hazardous waste as defined in the New
York Environmental Conservation Law, regulated medical waste as defined
in the New York Environmental Conservation Law or low-level radioactive
waste as defined in the New York Environmental Conservation Law.
PERSON
Any individual, firm, partnership, company, corporation,
association, joint venture, cooperative enterprise, trust, municipality,
other governmental agency or any other entity or group of such persons
which is recognized by law as the subject of rights and duties. In
any provisions of this chapter prescribing a fine, penalty or imprisonment,
the term "person" shall include the officers, directors, partners,
managers or persons in charge of a company, corporation or other legal
entity having officers, directors, partners, managers or other persons
in charge.
PRIVATE COLLECTOR
A person, firm, corporation or legal entity providing for
the collection of MSW and/or recyclable materials.
PRIVATE SUBSCRIPTION
The collection of MSW, bulkies/white goods and recyclable
materials where the commercial operation, rental complex or institutional
contracts directly with the private collector of the subscriber's
choice.
RECYCLABLE MATERIALS
Those clean, noncontaminated materials designated by the
Town Board as requiring source separation. They include but are not
limited to newspapers, corrugated cardboard, glass bottles and jars,
metal food and beverage cans and plastic containers. The above materials
are to be modified as the need arises.
RECYCLING
Any process by which materials, which would otherwise become
solid waste, are collected, separated and/or processed, treated, reclaimed,
used or reused.
RENTAL COMPLEXES
Facilities where persons live within the Town (i.e., apartments,
trailer courts, townhouses or condominiums) which are not included
within the definition of "resident."
RESIDENT
Any person residing within the Town on a temporary or permanent
basis but excluding persons residing in hotels or motels.
SOURCE-SEPARATE
Separate recyclable materials from the MSW stream at the
point of waste generation.
YARD WASTE
Organic yard and garden waste, leaves, grass clippings and
brush.
No person shall dispose of waste material for
collection except as follows:
A. Each person shall provide sealable containers for
nonrecyclables unless stipulated otherwise in this chapter. Such cans
or containers shall not exceed 30 gallons' capacity and, when filled,
shall not exceed 60 pounds in weight. All cans or containers shall
be placed at the curb or roadside for collection.
B. Recyclable materials shall be rinsed of contents,
as appropriate, and shall be placed in the recyclable collection container.
C. Other materials shall be included for recycling by
resolution of the Town Board according to such expansions of the recycling
program.
D. One recycling container shall be provided for each
single-family residential unit. Any stolen, lost or damaged recycling
container must be replaced by the owner of such residential unit at
his or her expense.
E. Waste material shall be collected in a manner consistent
with the terms of the Town of Grand Island collection contract. All
commercial operations, institutions and rental complexes located within
the Town of Grand Island that dispose of MSW shall separate recyclable
materials from the MSW before collection of the waste by a private
collector. Separation and preparation for collection must be done
in accordance with this chapter. All private collectors operating
within the Town of Grand Island must comply with the conditions of
this chapter, and all private collectors must move the recyclable
materials collected to the recycling markets.
F. White goods/bulkies shall be placed in designated
areas and prepared by dismantling in such a way that they will not
be a hazard to the public. Doors on all refrigerators, iceboxes, and
other items with tight-fitting doors shall be removed and locks on
all other locking appliances shall be disabled or removed. Discarded
white goods/bulkies must have been modified to comply with the most
current New York State Department of Environmental Conservation and
United States Environmental Protection Agency regulations before they
will be collected. Certification of such compliance must be provided
by the owner of such goods if requested by the Town, its collection
agent or a licensed private collector.
G. Placement
of trash at curb. For collection pursuant to a schedule announced
by the Town of Grand Island, all trash must be placed on the curbline
where accessible. Such trash shall be set out no earlier than 12:01
a.m. on the day prior to collection, and all containers shall be removed
no later than 12:01 p.m. on the day after the collection day.
Nothing in this chapter shall be construed as
preventing any person from utilizing vegetative yard waste for compost,
mulch or other agricultural, horticultural, silvicultural, gardening
or landscaping purposes.
When a public official of the Town of Grand
Island determines that a violation of this chapter or the recycling
regulations may have been committed by a collector or applicant for
a collector's license, he/she or it may recommend to the Town Board
that the collector's application for license or the license be denied,
suspended or revoked, as the case may be, or that the holder of said
license be subject to a reprimand. Notice and an opportunity to be
heard shall be provided as follows prior to the denial, reprimand,
suspension or revocation of a collector's license.
A. Notice.
(1) The Town Clerk shall notify the affected applicant
or licensee of the alleged violation in writing. The notice shall
include the following:
(a)
A statement of the condition allegedly violated,
referring to the pertinent section of this chapter.
(b)
A short and plain statement of the alleged violation.
(c)
A statement of the time, place and nature of
the hearing, the body before whom the hearing shall be held and the
relief sought.
(2) The notice shall be personally served or sent by registered
mail to the applicant or licensee's last known address, at least five
days before the hearing date, with a copy to the Town Board.
B. Hearings.
(1) Hearings shall be held before the Town Board within
a reasonable period, which shall be at least 10 days after service
of notice. Within 30 days after the close of the hearing, the Town
Board shall:
(a)
Determine whether the alleged violation of this
chapter or recycling regulations has occurred; and
(b)
If the Town Board determines that such a violation
has occurred, decide whether or not an applicant's license shall be
denied or whether an existing collector's license shall be suspended,
revoked or its holder reprimanded.
(2) The Town Board shall then promptly notify the applicant
or licensee, in writing, of its determination.
The Town of Grand Island may order the owner
or occupant of any premises upon which MSW, rubbish or bulk refuse
shall have accumulated in violation of this chapter to remove such
MSW, rubbish or bulk refuse from such premises within seven days after
receipt of such an order. Failure of the owner or occupant to remove
such MSW, rubbish or bulk refuse as so ordered shall be a violation
of this chapter.